Eversheds Sutherland (US) LLP

  • Established in 1924
  • Firm Size 501
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Unclaimed Property

As State Treasurers and their contingent fee auditors aggressively interpret and enforce unclaimed property statutes, companies must proactively address their unclaimed property exposures. Every company risks an unclaimed property audit that could result in significant liabilities.

Eversheds Sutherland advises a wide range of industries on unclaimed property compliance, planning, audit and litigation defense.

By understanding the evolving issues, we prepare clients for what comes next. Our multidisciplinary team offers many options, including multi-entity unclaimed property planning and compliance reviews; advice on remediation programs and voluntary disclosure agreements; multi-state audit defense; representation at regulatory and court proceedings; settlement negotiations; and recommendations on unclaimed property legislative and policy options.

Why Eversheds Sutherland
Eversheds Sutherland advises on a wide range of products and industries regarding unclaimed property.

  • Banking
  • Broker-Dealers
  • Cryptocurrency
  • Energy
  • Financial Services
  • Gift Cards and Prepaid Cards
  • Healthcare
  • Life Insurance and Annuities
  • Loyalty, Award and Promotional Programs
  • Payments and Digital Commerce
  • Property and Casualty Insurance
  • Restaurant and Hospitality
  • Retail
  • Securities and Mutual Funds
  • Technology
  • Telecommunications and Media
Nuts and Bolts
We advise on every facet of unclaimed property matters, including:

Audit Defense

  • Defending clients in dozens of multistate unclaimed property audits conducted by contingent fee auditors.
  • Negotiating confidentiality agreements with robust data security protections.
  • Overseeing consulting firms’ records review and the initial self-assessment process under privilege.
  • Conducting legal analyses of proper reporting under the priority rules of various property types.
  • Representing clients before contract auditors, state controllers/treasurers and attorneys general should disputes arise.
Litigation Counsel

  • Defending companies in unclaimed property litigation in state and federal courts.
  • Representing 17 insurers in West Virginia unclaimed property litigation brought by the State Treasurer.
  • Defending qui tam litigation in Delaware regarding unclaimed property and gift cards.
Planning Strategies

  • Advising on preventive strategies to avoid unclaimed property exposures.
  • Counseling on the legal status of all property types, from emerging financial and electronic products to securities distributions.
  • Advising on use of the Social Security Administration Death Master File to identify unclaimed benefits and develop remediation strategies.
  • Developing unclaimed property planning strategies for gift cards and other stored-value accounts, both for clients creating new programs or those looking to restructure and/or manage existing programs.
Voluntary Disclosure Agreements (VDAs) and Internal Compliance Reviews

  • Advising on internal compliance reviews and negotiating VDAs with state administrators.
  • Directing the work of consultants in connection with records review.
  • Overseeing quantification/mitigation processes to ensure the quality of analysis.
  • Ensuring that legal privileges are preserved.
Merger and Acquisition Exposure Review

  • Overseeing the internal compliance reviews of corporations that experienced historical merger and acquisition activity, which may entail successor liability issues.
  • Analyzing the sufficiency of acquired or targeted entities’ unclaimed property compliance programs.
Complex Legal Opinions

  • Providing opinions on the application of unclaimed property and other state and federal statutes to a wide variety of property types.
  • Advising on the validity and defensibility of unclaimed property planning strategies.
  • Suggesting improvements to structuring and implementing approaches to strengthen clients’ filing positions.
Compliance Policy Design

  • Conducting legal reviews of client facts and policies to determine whether unique types of accounts and balances constitute property subject to state unclaimed property laws.
  • Advising whether federal or international law impacts state escheat laws pertaining to particular types of property.
  • Advising whether clients are exposed to unnecessary liabilities and can eliminate or mitigate such exposure.
Market Conduct Exams

  • Representing insurance companies in single-state and multistate market conduct exams focused on unclaimed insurance/annuity/retained asset account benefits.
Take Action
Eversheds Sutherland’s multidisciplinary team is available to assist on all of your unclaimed property needs. Let us know how we can help.

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Peer Reviews

4.9/5.0 (113 reviews)
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • 5.0/5.0 Review for Ruth Schoenmeyer by a Staff Lawyer on 05/02/16 in Real Estate

    Ruth is one of the most gifted and intelligent lawyers with whom I have ever worked. She analyzes problems and issues from a variety of angles, and seems to truly enjoy attacking issues on behalf of her clients using the best possible strategy deriv... Read more

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  • 5.0/5.0 Review for Timothy McCaffrey by a Member on 03/23/14 in Litigation

    Tim is an exceptional attorney. In all the work I have done with him, he has impressed me with his quick and thorough understanding of the issues, his impressive analysis, and his business judgment.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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